St. Paul daily globe., 1887-11-06

that he has dissenting opinion in his
mind, which he declines to spread upon
the record, is of itself full justification
for interference by the governor of the
state and the odds against the prisoners
in the trial of the anarchists, the law
itself was bent and strained to the
breaking point. On the floor OF the
court house they stood at perilOus dis
advantage. The scales of justice have
not passed evenly between the accused
and the state. They were poor. the pros
ecutiOn rich. The whole machinery OF
the city and county government was at
the service of the prosecution. The
| treasury was reckless of cost. The po-
lice force, the detective force, and every
official Influence were active against the
prisoners. They were beaten from the
start. In the arena of life or death, they
Fought Ag inst odds
unfair and invincible, and they played
for jury with dice loaded against
them. The Indictment was a bewilder-
ing contradiction of sixty-nine counts,
and every count was the horn of di-
lemma. If Schnaubelt threw the bomb,
says the supreme court, you are guilty
as his accompliceS, because the indict-
ment alleges that Schnaubelt threw it.
Ii Schnaubelt did not throw the bomb,
as you have tried to show, then the
case of the state is proved,
because the Indictment says that
it was not thrown by him. but by an un-
| known person. The exact language OF
the court is this:
"All the proof introduced by the de-
PENDANTS, thus tending to show that
Schnaubelt did not throw the bomb,
tended also to prove that an unknown
person threw it,
From dilemma like that. escape is
hopeless. The evidence and its contra
diction are alike fatal to the accused.
From labyrinth of
Sixty-Nine Counts
the most experienced pilot cannot extri-
cate the prisoners. There is not a guide
either in legal or moral philosophy that
can show the way out. Another point
which strikes me very forcibly is this:
1t was averred that if certain events had
happened which did not happen, they
would have shown that the conspiracy
and the tragedy were cause and cOnse-
quence, therefore the connection is
proved. This is not meant for ridicule,
and the grOteSQue appearance is merely
the shadow of the supreme court tracing
the crime back to the conspiracy.
1t is the language of the
opinion itself that throws sarcasm
upon the decision. Here is the
claim of the supreme court: 1.-The
mode of attack as made corresponded
with the mode of attack as planned"
And here is the lnconSequent reasoning
by which that claim is supported: 1.-THE
DeSplaineS street station was in sight of
the speakers wagon, and only short
distance south of it. If a bomb had
been thrown into the station itself, and
if the policemen had been shot down
while coming out, part OF the cOnspir-
acy would have been literally executed
just as it was agreed upon"
BY Reasoning Upside Down
in that fashion the tragedy in the Hay
market is connected with a conspiracy
bhoO hco IOb CclIllOo OuI. anu SCftu llCIl
vaguely and remotely identified with
said conspiracy are connected with a
bomb thrown by person unknown,
and who is not shown to have any as
SOciatiOn whatever with the seven men,
nor any connection at all with the so
called conspiracy. The supreme court
itself virtually rejects the theory that
Schnaubelt threw the bomb, for the
more comprehensive drag net theory
that it was thrown by
some person to the jurors
unknown" The conspiracy which the
prosecution attempted to show in the
trial, and which it is pretended they did
show, was not carried into execution in
any of its essential details. As illus
trated and explained by the supreme
cOnrt itself, it was a conspiracy that
aimed at social and political revolu-
ton. Hundreds, aye. thousands, of men
were engaged in it. 1t was to begin by
the throwing of bombs into the Moth
avenue station and into other stations
in the city. Well drilled men,
Armed With Rifles,
MC1C W UC 10 SIlOOl
the police as they came out. Then the
cOnSpiratOrS were to march inwards to-
wards the heart of the city, destroying
whatever should oppose them. The
telegraph wires and the hose of the fire.
men were to be cut, and the reign of
anarchy begin. Nothing of the kind oc-
CURED. Nothing of it was attempted.
Nothing of it prepared for except the
making of bombs by Lingg. According
to the conspiracy relied Oh by the prose-
cutiOn, many men should have been
engaged in it, and many bombs thrown.
In fact only one bomb was thrown,
and that by an unknown man. This
disprOveS that conspiracy, and tends to |
show that the bomb throwing was the |
revengeful act of one man alone. There |
were no armed men with rifles any
where, and the claim that pistols were |
fired by the mob is disputed by strong |
evidence. Every essential detail of the |
alleged conspiracy was absent from the |
and for want of the necessary |
facts
Scaffold for Seven
men is built. If a bomb had been thrown
at the station, and if the policemen had
been shot down while coming out a
part of the conspiracy would have been
literally executed. And therefore seven
men must die for conspiracy which
was not executed, but which would
have been executed if something which
never happened had been done-a con-
spiracy of which, if it ever existed,
some of the condemned could not possi-
bly, have had any knowledge, and thus
the evidence in the case overwhelmingly
proves that the mode of attack as
made corresponded not with the mode